How to File a Medical Malpractice Lawsuit
Lawyers and doctors must invest significant time and money in many medical malpractice lawsuits. This includes attorney time and court costs expert witness fees, court costs and other costs.
An injury caused by the negligence of a healthcare professional's mistakes, or error can lead to a medical malpractice claim. Plaintiffs seeking compensation for injuries can file for financial losses, such as past or future
medical malpractice law firm bills and also non-economic injuries, such as pain and discomfort.
Complaint
A medical malpractice case is complex and requires evidence of credibility for success. The injured party (or their attorney if they have died) must show each of these legal elements of the claim:
That a doctor or hospital was required to act according to the applicable standard of care. That the defendant breached that obligation. The breach directly caused injury to plaintiff. This element is known as "cause". A breach of a standard of care does not cause injury on its own. It must be proven that it caused the injury directly and was the primary cause for the injury.
To protect a patient's rights, and to ensure that a physician is not committing further mistakes, it is essential to file a complaint with the state medical board. A report is not a lawsuit, but it can be the first step to starting the malpractice claim. It is recommended to talk with a Syracuse malpractice attorney before filing any report or other document.
Summons
As part of the legal process a summons or claim forms is filed with the court, and then delivered to the defendant doctor. A plaintiff's lawyer appointed by the court will examine these documents. If it is determined that there could be a malpractice claim and the lawyer files an affidavit as well as a complaint with the court, describing the suspected mistake.
The next step in the legal process is to obtain evidence through pretrial discovery. This involves submitting requests for evidence such as hospital billing information and notes from the clinic, and then taking the defendant's deposition where lawyers question the defendant about his or her knowledge of the case under an oath.
The lawyer for the plaintiff will utilize this evidence to prove the elements of a medical malpractice claim during trial. These include the existence of a duty on the physician's part to provide care and treatment to patients; the physician's breach of this duty; causality between the breach and the patient's injury or death; and a sufficient amount of damages that result from the injury or death to warrant a monetary award for
Medical Malpractice Attorneys compensation.
Discovery
During the discovery process, both sides are able to seek and receive evidence pertinent to the case. This includes medical records prior to and after an incident of alleged negligence, information on experts, copies of tax return or other documents relating to out-of pocket expenses that the plaintiff claims to have incurred, and the names and contact details of witnesses who are expected to testify during the trial.
The majority of states have a statute of limitations which allows injured patients an amount of time after an injury or medical mistake to bring a lawsuit. The length of time is determined by the laws of the state and are subject to a rule known as the "discovery rules."
To prevail in a medical malpractice lawsuit, the patient has to demonstrate that the negligence of the doctor caused a specific injury such as physical pain, or loss of income. They must also prove causation, i.e. that negligence caused their injury or death.
Deposition
Depositions are sessions of question and answer that take place in the presence of a court reporter who is able to record the questions as with the answers. The deposition is an element of the process of discovery in which the parties collect evidence to use in the trial.
Attorneys are able to ask a series of questions to witnesses, which are usually doctors. If a physician is interrogated by a lawyer, the doctor must answer the questions truthfully under oath. Typically, the doctor is asked questions by one attorney and then cross-examined by another attorney. This is an essential stage of the case that requires the complete attention and focus of the doctor.
Depositions are a great way for attorneys to obtain an in-depth background on the doctor, including her training, education and experience. This information is essential for prove that the doctor did not meet the standard of care in your particular case and that the breach caused you harm. Physicians who have been educated in this area are likely to affirm that they have years of experience with specific procedures and techniques that could be relevant to a particular
Medical Malpractice Attorneys malpractice case.
Trial
A lawsuit in a civil court is launched when your lawyer file a complaint and summons with the court of your choice. This begins the process of legal disclosure known as discovery. You and your doctor's team will collaborate in order to gather evidence that can prove your case. This typically includes medical records and expert witness testimony.
The goal of proving malpractice is to establish that your physician's actions were not in line with the standard of care. Your lawyer must convince jurors that it is more likely than not your injuries wouldn't have occurred if your doctor followed the standards of care. Your doctor's lawyer will offer defenses which contradict the evidence presented by your lawyer.
Despite the belief that doctors are the target of fraudulent malpractice claims the decades of evidence show that jury verdicts reflect reasonable assessments of damages and negligence, and that juries tend to be skeptical of excessive award amounts. The majority of malpractice cases settle prior to trial.